HomeMy WebLinkAboutA7068 - PS ART MUSEUM - FACILITY USE AGMT / DESERT FASHION PLAZA GARAGE - VALET SVCS FACILITY USE AGREEMENT
(PARKING GARAGE-DESERT FASHION PLAZA)
This Facility Use Agreement ("Agreement") is made and entered into this 27th day of December,
2017, by and between the City of Palm Springs ("City") and the Palm Springs Art Museum
("Museum"), a California public benefit corporation concerning the use of the City-owned Desert
Fashion Plaza North Parking Garage located on Museum Drive ("Facility").
The City and Museum do hereby mutually agree as follows:
AGREEMENT
1. TERM OF USE. This Agreement shall be in full force and effect for a period of 4 hours
beginning January 4, 2018 at 7 p.m. and ending January 4, 2018 at 11 p.m.
2. FACILITY USE.
2.1 Desert Fashion Plaza North Parking Garage.City grants Museum the use of a portion
of the Facility commonly known as the Desert Fashion Plaza North Parking Garage,
identified in Exhibit "A," and incorporated herein by reference.
2.2 Fees and Charges for Facility Use.There is no fee charged to the Museum for the use
of the Facility for this event.
3. SECURITY. Museum is responsible for providing security within the Facility throughout
the entire period of Facility use authorized by this Agreement.
4. INSURANCE.
4.1 Minimum Insurance. Museum shall procure and maintain, at its sole cost and
expense,in a form and content satisfactory to City,during the entire term of this Agreement,
including any extension thereof, the following policies of insurance:
4.2 Comprehensive General Liability Insurance. A policy of comprehensive general
liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per
occurrence and in an amount not less than Two Million Dollars($2,000,000.00)in aggregate.
Insurance companies shall have an AM Best's Guide Rating of A-, Class VII or better.
4.3 Proof of Insurance. Proof of the insurance required under this Section 4 shall be
provided to City prior to the execution of this Agreement.
ORIGINAL BID
AND/ORAGREEMENT
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5. INDEMNIFICATION AND DEFENSE.
5.1 Indemnification. Museum agrees to indemnify the City, its officers, agents and
employees against, and shall hold and save each of them harmless from, any and all actions, suits,
claims, damages to persons or property, including injury or death to any person, losses, costs,
penalties, obligations, errors, omissions or liabilities (herein "Claims") that may be asserted or
claimed by any persons, firm or entity arising out of or related to this Agreement or Museum
activities at the Facility,except to the extent that the Claim arises from the sole negligence or willful
misconduct of the City, its officers, agents or employees.
5.2 Defense. Museum agrees to defend, with counsel acceptable to City, the City, its
officers, agents and employees against any Claims that may be asserted or claimed by any persons,
firm or entity arising out of or related to this Agreement or Museum activities at the Facility,except
to the extent that the Claim arises from the sole negligence or willful misconduct of the City, its
officers, agents or employees.
5.3 Costs Associated with Indemnification and Defense. Museum shall be responsible for
all costs incurred by the City that are associated with the indemnification or defense of City by
Museum, including any costs associated with the use of City resources, including lost time by
employees, expended in furtherance of the indemnification or defense.
6. NOTICE. For purposes of this Agreement,the addresses of the parties for all notices are as
follows:
City.
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8299
Attention: City Manager
Museum.
Palm Springs Art Museum
101 Museum Drive
Palm Springs, CA 92262
Attn: Executive Director
[SIGNATURES TO FOLLOW]
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IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown
below.
CITY OF PALM SPRINGS
Date:
David H. Ready, City
ATTEST:
Date: C 1 ,S" k I`b
th y J. ejia MMC ity Clerk
APPROV S TO FORM:
tt Date:
Edward L. K Attorney
�APPROVED
�BgY�CITY MANAGER
PALM SPRINGS ART MUSE
UM
By: ,l// ems. Date: /.2_r,77_./
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EXHIBIT "A"
(NORTH PARKING GARAGE FACILITY)
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